This notice provides details of what information we collect from you, what we do with it, and who it might be shared with.
Identity and contact details of the controller and the data protection officer
Falkirk Council is the data controller. You can contact the data protection officer at:
Frequently asked questions
Why do we collect this information?
The information is being collected for the following purposes:
- Recruitment of carers, including enquiry, preparation, assessment, approval, support and subsequent supervision of foster, adoptive and kinship carers.
- To match children with you for the purpose of providing appropriate statutory care in line with a child's care plan.
- To provide appropriate allowances and where relevant, financial remuneration.
The legal basis for each purpose is set out below:
|Performance of a contract
||1, 2, 3
|Task carried out in the public interest
||1, 2, 3
Some of the key legislation we work under is detailed below.
- Adoption and Children (Scotland) Act 2007
- The Social Work (Scotland) Act 1968
- Children and Young People (Scotland) Act 2014
- Fostering (Scotland) Regulations
- Regulation of Care (Scotland) Act 2001
- Carers (Scotland) Act 2016.
- Looked after Children (Scotland) regulations 2009
- Health and Social Care Standards; My support, My Life (2018)
- Local Government (Scotland) Act 1973
- Public Finance and Accountability (Scotland) Act 2000
What information do we collect about you?
For all of the purposes detailed, we collect basic personal data so that you can be identified and contacted. This can include your name, date of birth, age, photographs, and contact details (including telephone number, email and address including postcode).
We will also, as part of your assessment as a carer and subsequent monitoring, collect information about your wider life, including next of kin, family members, health and GP, driving licence and access to vehicles, pets, your previous education, current and previous employment and training. We will also assess your home and lifestyle as part of the application process.
We will collect information on your household finances including income, mortgage or rent payments, benefits received, expenditure and debts.
In order to support your health and wellbeing and to ensure that you are fit for the carer task, we will collect special category (sensitive) data. We mostly record medical/health information which may include any health conditions and history.
Other sensitive information collected can include details on relationship status, nationality, language spoken, racial or ethnic origin, gender, religious beliefs and any disabilities.
We will also record any criminal convictions or contact with Police Scotland.
We keep copies of your communications with us and our responses and will also document any verbal meetings and conversations we may have with you. This record helps us to make informed decisions, monitor our and your performance and improve the services that we deliver.
We may also keep photographs where this is required for matching or care planning purposes.
This list is not exhaustive and we may on occasion get information from other sources not listed above.
We take our responsibility when processing your data very seriously and would like to assure you that we will only collect, hold and use personal data where this is absolutely necessary and proportionate to do so. We will ensure that your details are kept securely and that we maintain effective safeguards to manage access arrangements, providing adequate training to staff who handle the information provided.
Where do we collect information from?
We collect information from and about you using a variety of different methods, including when you complete one of our forms, when you call, write, email or meet with us, observations we make during meetings or interviews. We may also obtain information about you from other council departments or services, other agencies and from staff working with you.
As part of the assessment and monitoring function, we will collect information from your GP, referees that you have provided, other local authorities and Disclosure Scotland.
Who might we share your information with?
We may share information with our community partners such as NHS Forth Valley, Police Scotland and the Adoption and Fostering Panel.
If you have a complaint, we may need to share your information with the SPSO, the Care Inspectorate and senior members of the council.
Other organisations or individuals may also be provided with information as necessary such as Scottish Government, your GP and other healthcare professionals, housing providers, other Local Authorities, other council departments and services.
The Council has a duty to protect public funds. We may check your information within the Council for verification purposes and/or for the prevention of fraud. We may share your information with other organisations where we are required to do so for the purposes of the prevention or detection of crime or the safety of children. Agencies we may share with may include:
- Scottish Children's Reporter's Administration
- Scottish Courts
- The Office of Public Guardian
- Scottish Fire and Rescue
- UK Benefits agency
Will we send your information outwith the UK?
We do not transfer your information out with the UK. If it becomes necessary to do so, we would ensure that the appropriate safeguards are in place.
How long do we keep hold of your information?
We keep your information for as long as necessary to fulfil the purposes we collected it for. Below is a summary of the key retention periods.
||Length of time its kept
|Foster or adoptive Carers- Initial enquiry
|Foster or adoptive Carers- Initial visit
|Foster or Adoptive Carers- recruitment activity
|Approved Kinship Carers
|Approved Foster Carers
|Foster or Adoptive Carers- consent to checks but not assessed
|Adoptive Carers- where no adoption order made
Please contact the Data Protection Officer if you would like more detail.
What are my rights in relation to the information held about me?
You have the following rights:
- To see any information held about you by making a subject access request.
- To withdraw consent at any time, where the legal basis for processing is consent.
- To data portability, where the legal basis for processing is (i) consent or (ii) performance of a contract.
- To request rectification or erasure of your information, where data protection legislation allows this.
Do I have a right to complain about the way information has been used?
If you have a concern about the way we are collecting or using your personal data, please let us know and we will try to resolve this. If you are still concerned, you can contact the Information Commissioner:
Do I have to provide my personal data to you?
Yes, as we are complying with statutory legislation, legal requirement or contract, we need this information to ensure that we are providing the best quality service.
If we do not collect this information, we will be unable to proceed with assessing you or using as a foster, adoptive or kinship carer
Do you use any automated processes to make decisions about me?
We do not use automated decision making processes.
This notice was last updated in August 2019.